Section IV.E.3. Employee Disability Accommodation Procedures
These procedures supplement and clarify Section IV.E.3. of the Lone Star College System District Policy Manual (“Board Policy”) last revised by the Board of Trustees on February 1, 2018—setting out the College’s policy regarding Employee Disability Rights.
Board Policy controls when a conflict arises between it and the procedures below. These procedures were last updated on [date]. The notice and comment period was open online to the public from [date] to [date].
1. Scope of Procedures. These procedures govern the application and eligibility for qualified
College employees seeking reasonable work accommodations for a disability. The College provides reasonable, disability-based accommodations to qualified employees.1
2. Definitions. Please note the following definitions for these procedures:
a. Disability. A disability is defined as a physical or mental impairment that
substantially limits one or more of the major life activities of an individual.
b. Qualified. A qualified employee has the requisite skills, experience, education,
licenses, etc. for the job and is able to perform the essential functions of the job, either with or without reasonable accommodation.
3. Procedure Administration. The Office of Governance, AuditAccountability, and Compliance’s Compliance Education & Training Department Department of Accessibility Services & Resources is responsible for administering these procedures. The Executive Director of Compliance Education and Training Accessibility Services & Resources (“Executive Director”) is the primary point of contact regarding employee disability accommodations.2
4. Employee Responsibility to Request Accommodation. Employees are responsible for
identifying themselves as individuals requesting disability-based accommodation. Employees do not have to disclose the nature of their impairment to their supervisors. Disability-based accommodation requests should be directed to the College’s Executive Director or designee.3
Employees requesting accommodation should complete the Employee Accommodation Request Form (or written equivalent), include any relevant information, and submit the request form through Service Now OGAC, Accessibility Services and Resources (preferred) or email the documents to LSC-EmployeeAccommodations@Lonestar.edu.4 Employees may receive a
notification confirming receipt by the Compliance Education & Training DepartmentAccessibility Services & Resources Department. Information regarding the nature of an employee’s impairment is not for supervisor review.
1 The College understands that each person is unique and may require variance to these procedures to suit individual needs. Procedure variances require the College’s Senior Associate Vice Chancellor of Governance, AuditAccountability, and Compliance’s consent.
2 The Executive Director may designate another employee to effectuate these procedures. 3 See Appendix A for contact information.
5. Supervisors. Supervisors who receive an employee’s request for accommodation should
provide the employee the Executive Director’s contact information and should forward the accommodation request to the Executive Director within two working days.
6. The Interactive Process. The interactive process begins once an employee requests
accommodation based on an impairment. Each interactive process is unique to the individual employee and his or her circumstances.5 The Executive Director or designee will engage in an
interactive dialogue with the employee regarding the impairment, limitations the employee is experiencing, and—if , if eligible, —potential reasonable accommodations that could assist with those limitations. Employees are encouraged to suggest reasonable accommodations they believe would allow them to perform their job functions. The College, however, is not required to provide a specific accommodation requested by an employee and may provide an alternative, effective accommodation to the extent any reasonable accommodation can be made. The interactive process may also include the following:
a. Documents. If an employee’s impairment and need for accommodation are not
apparent, then the employee may be asked to provide supporting documents verifying that the impairment meets the disability definition according to applicable laws and necessitates a reasonable accommodation.6 The employee is responsible for submitting the requested
documents. The documentation may be submitted via Service Now (preferred) or by email to LSC-Employee Accommodations@Lonestar.edu. The request for reasonable accommodation may be delayed or denied if the employee fails to timely provide the requested documents timely.
An employee may submit current disability verification documents from a licensed or certified health care provider qualified to treat and diagnose the employee’s disability.7 If
the employee does not have current disability verification documents, then the employee may use the College’s Employee Disability Verification Form and have the appropriate health care provider fill out and sign the form. The health care provider or employee then submits the form via email to LSC- EmployeeAccommodations@Lonestar.edu, fax to (832) 246-0059, or hand delivery to the Compliance Education & Training Department Department of Accessibility Services & Resources.8 The College encourages employees to submit the
documents as soon as possible to ensure timely review.
The College keeps medical information received during the accommodation process private to the extent permitted by law.
b. Review. The Executive Director or designee reviews the submitted documents to determine whether the employee’s impairment meets the disability definition according to applicable laws. The Executive Director or designee may ask the employee to provide
5 For example, an individual with an apparent disability may not be required to provide the Employee Disability Verification Form.
6 Employees are responsible for any costs associated with tests, evaluations, etc. required to obtain documents requested. The College recommends employees review the Employee Assistance Program (EAP) to see if any applicable resources are available.
7 Current documents typically means no more than five years old, but this can vary depending on the nature of the disability.
additional documentation or a release permitting the Executive Director or designee to discuss specific questions with the employee’s health care provider.
c. Reasonable Accommodation. A qualified employee becomes eligible for reasonable
accommodation once the Executive Director or designee verifies the employee’s disability and need for a workplace accommodation.
Reasonable accommodations are work-related modifications or adjustments that are effective, plausible, and feasible. Accommodations are not considered reasonable if they cause undue hardship (i.e. unduly extensive, substantial, or disruptive), require alteration of essential job functions, or would fundamentally alter the nature of operation of the College’s business. The Executive Director or designee determines reasonable accommodations on a case-by-case basis considering various factors and individualized assessment.
The Executive Director or designee may communicate with the employee’s supervisor(s) throughout the process to ensure any proposed accommodation is reasonable and effective in the workplace.9 Supervisors, however, do not determine the final accommodation.
The Executive Director or designee may propose effective and reasonable accommodation(s) to the employee.10 If the employee accepts the proposed accommodation,
the employee will acknowledge their acceptance in writing and then the approved accommodation(s) will be implemented as specified.11
7. Accommodation Reconsideration Requests. Employees may submit a written request to
reconsider denied accommodations or Executive Director-proposed accommodations to the Senior
Associate Vice Chancellor of Governance, AuditAccountability, and Compliance.12 The Senior
Associate Vice Chancellor’s decision is final unless the employee’s disability changes or the employee receives additional information from the health care provider.
a. Reconsideration Request Review Standard. The Senior Associate Vice Chancellor’s reconsideration request decision will assess: (1) compliance with applicable policies and procedures; (2) any alternative reasonable accommodations offered to the employee; (3) whether the employee’s requested accommodation removes one or more of the employee’s essential job functions or creates an undue hardship for the College; (4) the extent to which the accommodation decision is supported by the record; and (6) any other relevant factors.
7.8. Accommodation Revisions. Employees needing a revision or change to their approved
accommodations should contact the Executive Director or designee. The Executive Director or designee will determine if the requested change is supported by the documents on file and will confer with the employee’s supervisor. The Executive Director or designee may request additional
9 The employee must be able to perform the essential functions of the job.
10 While the Executive Director or designee may consider the employee’s preferred accommodation, the Executive Director or designee will ultimately choose the effective accommodation.
11 Accommodations are not retroactive. For example, if an employee disciplined for tardiness later reveals that the tardiness was due to morning treatments for a disability, the supervisor does not need to rescind the past discipline based on an approved accommodation modifying the employee’s schedule.
documents to support the change if not previously provided.
8.9. Discrimination Complaints. Employees who believe they are being unlawfully discriminated against because of a disability may report the incident(s) according to Board Policy section Prohibited Unlawful Discrimination and Harassment. Employees may also submit a complaint using the College'’s electronic reporting system.13 Employees may, at any time, file a
complaint with any applicable state or federal agency or court.
9.10. Conduct. All College employees are held to the same conduct standards. Employees who engage in conduct prohibited by Board Policy may be disciplined up to and including employment termination.
10.11. No Retaliation. Employees will not be retaliated against for requesting an accommodation in good faith. The College expressly prohibits any form of discipline, reprisal, intimidation, or retaliation against any individual for requesting an accommodation in good faith.
The College is committed to prohibiting retaliation. The College'’s effectiveness in prohibiting retaliation depends largely on employees informing the College about inappropriate workplace conduct. If employees feel that they or someone else may have been subjected to conduct that violates Board Policy or these procedures, they should report it immediately. Reports may be made to the College's electronic reporting system,14 the Executive Director of Compliance Education and
Training, or the Executive Director of Compliance and Incident Management.15 If employees do not
report retaliatory conduct, the College may not become aware of a possible policy violation and may not be able to take appropriate corrective action.
Effective Date:
13 The Incident Reporting System can be accessed by going to the Lone Star College homepage and clicking on the “Report Ethics Violations” link at the bottom right of the page.
14 The Incident Reporting System can be accessed by going to the Lone Star College homepage and clicking on the “Report Ethics Violations” link at the bottom right of the page.
APPENDIX A
College Contact Information
Employee accommodation requests should be submitted using one of the following methods: 1. Email – LSC‐EmployeeAccommodations@lonestar.edu (preferred)
2. Fax – (832) 246-0059
3. Hand delivery – Lone Star College System Office, The Woodlands
Compliance Education & Training
DepartmentDepartment of Accessibility Services & Resources Office of Governance,
AuditAccountability, & Compliance
In the event an employee requesting accommodation needs to directly contact an employee under these procedures, please use the contact information below.
Name Title Email Phone
Alicia Guevara (primary contact) Director, Accessibility Services & Resources Alicia.Guevara@lonestar.edu (832) 813‐6558 Karen Miner (primary contact) Executive Director, Compliance Education and Training Karen.L.Miner@lonestar.edu (832) 813-6614
Sandra Gregerson Senior Associate Vice Chancellor,
Governance,
AuditAccountability, and Compliance
Sandra.G.Gregerson@lonestar.edu (832) 813-6835
Claudia Madrigal Executive Director, Compliance and Incident Management
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Lone Star College Employee Disability Accommodation Email: LSC-EmployeeAccommodations@lonestar.edu
For Questions, please call: (832) 813-6614 6558 Employee Disability Accommodation Fax: (832) 246-0059
Employee Accommodation Request Form
Attention Employee: Please complete this form and return by email to
LSC-EmployeeAccommodations@lonestar.edu, by fax to (832) 246-0059, or by hand delivery to
the Compliance Education & Training DepartmentDepartment of Accessibility Services & Resources if you are requesting reasonable accommodation(s) based on disability.
Employee Name: Employee ID: Date:
Supervisor Name: Department:
Location: Please check next to your work location below. Campuses: ☐ LSC-Cy-Fair ☐ LSC-Kingwood ☐ LSC-Montgomery ☐ LSC-North Harris ☐ LSC-Tomball ☐ LSC-University Park ☐ LSC-Houston North ☐ Victory ☐ Greenspoint ☐ Fairbanks ☐ Fallbrook Centers: ☐ LSC-Atascocita ☐ LSC-Conroe ☐ LSC-Creekside ☐ LSC-Cypress ☐ LSC-East Aldine ☐ LSC-EMCID ☐ LSC-Fairbanks ☐ LSC-Greenspoint ☐ LSC-Process Technology ☐ LSC-Victory ☐ LSC-Westway Park Technology Additional Locations:
☐ LSC-Health Professions Building ☐ LSC-Tomball Health Science Building ☐ LSC-Transportation Institute
☐ LSC-CHI Institute
☐ LSC-Energy & Manufacturing Institute
☐ LSC-Process Technology Center ☐ LSC-System Office, The Woodlands ☐ LSC-System Office, University Park ☐ Other
Employee Information: (use additional pages as needed)
Please state your Disability, Impairment, or Condition. _______________________________________________
______________________________________________________________________________________________________________ ______________________________________________________________________________________________________________
Please describe how your disability affects your ability to perform your essential job functions and any barriers you are encountering in your work environment.condition limits your ability to perform your essential job functions.
2
______________________________________________________________________________________________________________
Please describe the specific accommodation(s) you are requesting. _________________________________
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Lone Star College Employee Disability Accommodation Email: LSC-EmployeeAccommodations@lonestar.edu
For Questions, please call: (832) 813-6614 6558 Employee Disability Accommodation Fax: (832) 246-0059 Please describe how the accommodation(s) will enable you to perform your essential job functions. __________________________________________________________________________________________________ ______________________________________________________________________________________________________________ ______________________________________________________________________________________________________________ ______________________________________________________________________________________________________________ ______________________________________________________________________________________________________________ Please indicate the expected duration of the impairment(s).
☐ Permanent ☐ Temporary – Anticipated End Date: ____________________________________
Verification Documentation:
☐ I have included current documentation from a licensed or certified professional qualified to treat and diagnose my disability, impairment, or condition.
☐ Current documentation is not attached.
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Lone Star College Employee Disability Accommodation Email: LSC-EmployeeAccommodations@lonestar.edu
Lone Star College Employee Disability Accommodation Fax: (832) 246-0059
Employee Disability Verification Form
Attention Licensed or Certified Health Care Provider: Please complete this form and send to
LSC-EmployeeAccommodations@lonestar.edu or fax to (832) 246-0059. Please call (832) 813-
6614 6558 if you have any questions.
NOTE: The College may only accept disability verification from a licensed or certified health care
provider qualified to treat and diagnose the employee’s disability. The information sought on this form pertains only to the disability for which the employee is requesting accommodation under applicable laws. In addition, if questions arise about the documentation provided, the
Executive Director of Compliance Education and TrainingAccessibility Services & Resources
may contact the provider for clarification.
Employee Name:
Provider Name: Specialization/Type of Practice:
Provider’s Practice Name & Address: Provider Phone No.: Provider Questions. A person has a qualifying disability under applicable law if the person
has an impairment that substantially limits one or more major life activities. 1. Does the employee have a physical or mental impairment? Yes No 2. What is the impairment?
3. Is the impairment permanent? Yes No
4. If not permanent, how long will the impairment likely last?
5. Does the impairment mean that the employee is substantially limited in a major life activity?
Yes No 6. If you checked “yes” on No. 5, what major life activity is affected (select all that apply):
self-care walking hearing interacting with others
lifting standing seeing performing manual tasks
sleeping reaching speaking concentrating
breathing thinking learning reproduction
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Lone Star College Employee Disability Accommodation Email: LSC-EmployeeAccommodations@lonestar.edu
Lone Star College Employee Disability Accommodation Fax: (832) 246-0059
Additional Comments:
PROVIDER SIGNATURE:
(Stamps or Designee Signatures are NOT accepted) Date:
GINA NOTICE: (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring
genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, we are asking that you not provide any genetic information when responding to this request for medical information. “Genetic information” as defined by GINA, includes an individual’s family medical history, the results of an individual’s or family member’s genetic tests, the fact that an individual or an individual’s family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual’s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.
Provider Accommodation Recommendations.
